Archive for the ‘Property Rights’ Category

This is a link to a post by Orin Kerr covering that the data contained in a car’s “black box” is protected by the fourth amendment and that police (at least in that area of California) need to a get a search warrant before retrieving it.

We do not accept the Attorney General’s argument that defendant had no reasonable expectation of privacy in the data contained in his vehicle’s SDM. The precision data recorded by the SDM was generated by his own vehicle for its systems operations. While a person’s driving on public roads is observable, that highly precise, digital data is not being exposed to public view or being conveyed to anyone else. . . . We conclude that a motorist’s subjective and reasonable expectation of privacy with regard to her or his own vehicle encompasses the digital data held in the vehicle’s SDM.

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This is an interesting article on Engadget about the FBI reclaiming a GPS tracking device that a “suspect” found attached to the underside of his car. I wonder if any property transfer when the Government attaches a device to a non-government vehicle. Do they have a legitimate claim to recover the property, or could the individual claim it similar the way a landlord becomes the owner of fixtures attached to a building?